Stabbed in the Head by NFH over Blocked ROW

Stabbed in the Head by NFH over Blocked ROW

Postby desperate drof63 » Mon Nov 20, 2017 11:15 pm

Like it says, I was ambushed one night and wickedly stabbed in the head by a NFH over them blocking my Right of Way. Atrocious but true! They chose conflict over compromise and all from the misguided misconception of our local i'djiot. I'm very lucky, in a relative sort of way - my vitals were all missed, eyes, veins, arteries, etc, missed my brain by several feet of course! I've recovered physically thankfully. But unfortunately my RoW issue remains, presided over by the not-so-mystical Keeper of the Passageway, Gollum (you've seen the movie) - "my precious..."

Why is it that even when confronted in legally binding black & white they just won't give it up. Spite, some might say? i'djiocy?

For 21 years & more we, Shrek & Princess, live at & own No.63 (though I'm not on the Title Register), and for 18 of those we've lived peaceably. In 2014 we got a new neighbour at No.67 and everything immediately changed for the worse. "He, The Criminal" moved in with "Her, the nasty gob-sh*te" and supposedly made friends with Gollum No.75. OMG ! Now we're for it - but little did we suspect how much misery we were actually in for! Several years in fact, including numerous vandalisms, criminal damages to vehicles, thefts, threats of violence (sometimes with weapons), innumerate verbal's, lots of (bored, ignorant) Police, several Court appearances and then ultimately the stabbing in Feb this year. It is these people of No.67 who moved their fencing (no gate) so to incorporate the Passageway into their garden. It transpires GollumNo.75 had told them it was ok to do this & positively advocated it, stating that I didn't have a Right of Way (because he thought I'm a Tenant in the lodger sense of the word) & that Mrs Vi No.65 doesn't use the Passageway. All quite wrong of course.

And d'ya know what? Even after all that I am still NOT giving up my rights!! (though we are now thinking of moving...)

Until then, we continue to fight the good fight - But first I want to know if I'm correct in my thinking, or am I going nuts??

We have a terraced cottage. There are 45 in the street & our little universe has 13 Plots, all built around the same time, circa 1905/08 all with similar, if not, the same wording & information in the Deeds & thus all with the same Restrictive Covenants, all served by the Passageway, the Easement, to the rear. I have sourced the Deeds & Plan for every Plot from LR.

This rear Passageway is accessed, and so attached, by another Pathway bisecting the terraces between No's 71 & 73 - it essentially forms a "T" & leads from the front main road to all the rear gardens. Its been there over 100 years, and is still in situ. This Pathway is bounded by iron railings of the Local Park & the fencing demarking the property Plots. The path is bounded, and so, contained between No's83 & mine, No.63. All this is shown on the Title Plans. It appears unequivocal.

There is no mention in the Title Map showing a way through, or over Plot 61, our next door neighbour, to what used to be another bisecting alleyway. Indeed the Plot Maps go's back to 1972 & I have a copy from GollumNo.75 himself dated 1952. There is no way through even if I wanted to, besides, the Covenants forbid creating new RoWs.

Further; some of the Plots have RoWs specified in their Titles, namely No's 67, 71,73 & 75 - all worded differently for some reason but all infer the same - that the Pathways are RoWs & designated & protected as such. These Rights were conferred in 1979 after a legal action by an E.M.Rush of No.67 & neighbours after another naughty neighbour tried to land-grab the Pathway. No.67's Right reads : " E.M.Rush (& others named) is expressed to grant a right of way on foot only over the passageway at the back leading to Pretty Hill Street".

We at No.63 are not so gilded as to have dedicated Rights to the Way, but then neither do some of the other Plots, No.65, 77 & 69 for example. It is most odd then, that these residents don't have this conflict bestowed upon them, and that they are "allowed" to use the Passageway as & when it suites - Hmmm...? What we do all have in common is stated in our Covenants, which are all identical. Para9: States; "The Purchaser shall have a Right of Way over such roads marked on the said Plan as abut on the said Plots or are to be used therewith..." This is a clause their solicitor picked up on & agreed with - but still said that I had no Right.

It should be understood what the original builder intended when the properties were built in 1908. A path was allowed for between the properties and out to the rear, so to serve the all the Plots as shown on the Title Plan/Map. This was to allow access not only for residents but for trades persons such as Coal Merchants delivering essential coal to the coal bunkers each and every house had on a regular basis. I suspect this evokes "Prescriptive Rights". Further; as the builder did not specify RoWs to each Plot when the Deeds were drawn up, I strongly suspect they thought it unnecessary because having provided a Passageway it was so obvious what and who the passageway was for. They did see fit to mention it in the Covenants though just in case. This then evokes "Implied Right" which are as relevant today as they were 100 years ago.

Rights of Way run with the land & are not personal for or against any lawful individual (Rightful User).

Conclusion:
There is only one way into my rear garden and that is over said Passageway as described, as I've been doing unmolested as a Rightful User until 2014. The Passageway is subject to multiple Rights as described. I, we have Rights over the Way, Implied or Prescriptive. They, anybody, has no right to deny my rightful, lawful use of the way, now, then or at any time. Their objections are irrelevant.

How am I doing so far? Complicated isn't it? But hey, there's more to come, buts lets see what you Knowledgables think so far.

When I've posted a few times I'll load the Maps for your perusal.

Thanks in advance to all.
desperate drof63
 
Posts: 14
Joined: Mon Oct 23, 2017 4:58 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Stabbed in the Head by NFH over Blocked ROW

Postby AnnTique » Wed Nov 22, 2017 12:45 am

desperate drof63 wrote: . . . . . How am I doing so far? Complicated isn't it? . . . . .


Yes. Complicated.
That could just explain why there has been no response.

:o
User avatar
AnnTique
 
Posts: 28
Joined: Mon Jul 25, 2005 9:52 am
Location: Lancs

Re: Stabbed in the Head by NFH over Blocked ROW

Postby span » Wed Nov 22, 2017 1:40 am

AnnTique wrote:
desperate drof63 wrote: . . . . . How am I doing so far? Complicated isn't it? . . . . .


Yes. Complicated.
That could just explain why there has been no response.

:o



All that preamble and hasn't asked a question that anyone's interested in answering.
span
 
Posts: 1472
Joined: Sat Nov 06, 2010 2:34 am

Re: Stabbed in the Head by NFH over Blocked ROW

Postby Collaborate » Wed Nov 22, 2017 8:17 am

span wrote:
AnnTique wrote:
desperate drof63 wrote: . . . . . How am I doing so far? Complicated isn't it? . . . . .


Yes. Complicated.
That could just explain why there has been no response.

:o



All that preamble and hasn't asked a question that anyone's interested in answering.


I didn't get to finish the second paragraph before I lost the will to live.

Sorry OP - first posts need to be concise and to the point, cutting out verbose waffle, to grab my attention.
Collaborate
 
Posts: 1140
Joined: Mon Feb 23, 2015 10:17 am

Re: Stabbed in the Head by NFH over Blocked ROW

Postby MacadamB53 » Wed Nov 22, 2017 10:22 am

AnnTique wrote:
desperate drof63 wrote: . . . . . How am I doing so far? Complicated isn't it? . . . . .


Yes. Complicated.
That could just explain why there has been no response.

:o
there’s nothing to respond to - the OP has not asked for any help or advice yet...
MacadamB53
 
Posts: 6059
Joined: Mon Dec 10, 2012 12:13 am

Re: Stabbed in the Head by NFH over Blocked ROW

Postby span » Wed Nov 22, 2017 1:20 pm

MacadamB53 wrote:
AnnTique wrote:
desperate drof63 wrote: . . . . . How am I doing so far? Complicated isn't it? . . . . .


Yes. Complicated.
That could just explain why there has been no response.

:o
there’s nothing to respond to - the OP has not asked for any help or advice yet...


To be fair, OP has asked for comments on the post.
span
 
Posts: 1472
Joined: Sat Nov 06, 2010 2:34 am

Re: Stabbed in the Head by NFH over Blocked ROW

Postby desperate drof63 » Thu Nov 23, 2017 2:12 am

Why the rudeness? I only wanted (& was asking for) some sensible advice on whether I have a right over the passageway, because its complicated - RoW's & its law is complicated, which is why I was hoping for some 'knowledgeables' to check my figures, so to speak.
This is the first time I've ever posted on a forum. I didn't expect to be put down quite so harshly. If you knew how hard it was to even get that post uploaded you might not be so harsh. Yes, it is long but there is a reason for that, & that was certainly not my intention but unfortunately I was guessing how to go about this having never done this before, so it was all I could do.
As for "verbose waffle", I was trying to make light of what has become very, very serious issues. You clearly haven't grasped the gravity of my situation.

Now, can we draw a line? Is there some one prepared to help me out here? Because I really do need some quality advice. Please. Whatever you need to know will be offered up with all honesty.
desperate drof63
 
Posts: 14
Joined: Mon Oct 23, 2017 4:58 pm

Re: Stabbed in the Head by NFH over Blocked ROW

Postby MacadamB53 » Thu Nov 23, 2017 9:13 am

desperate drof63 wrote:Why the rudeness? I only wanted (& was asking for) some sensible advice on whether I have a right over the passageway, because its complicated - RoW's & its law is complicated, which is why I was hoping for some 'knowledgeables' to check my figures, so to speak.
This is the first time I've ever posted on a forum. I didn't expect to be put down quite so harshly. If you knew how hard it was to even get that post uploaded you might not be so harsh. Yes, it is long but there is a reason for that, & that was certainly not my intention but unfortunately I was guessing how to go about this having never done this before, so it was all I could do.
As for "verbose waffle", I was trying to make light of what has become very, very serious issues. You clearly haven't grasped the gravity of my situation.

Now, can we draw a line? Is there some one prepared to help me out here? Because I really do need some quality advice. Please. Whatever you need to know will be offered up with all honesty.
Hi desperate drof63,

plenty of the regular forum members will be happy to help.

I’ve read your OP and I think I grasp the gravity of the situation described so far.

what do you need help with, though? (in your effort to provide plenty of context/history/details you’ve not made that bit clear...)

kind regards, Mac
MacadamB53
 
Posts: 6059
Joined: Mon Dec 10, 2012 12:13 am

Re: Stabbed in the Head by NFH over Blocked ROW

Postby Volumiza » Thu Nov 23, 2017 11:57 am

desperate drof63 wrote:Why the rudeness? I only wanted (& was asking for) some sensible advice on whether I have a right over the passageway, because its complicated - RoW's & its law is complicated, which is why I was hoping for some 'knowledgeables' to check my figures, so to speak.
This is the first time I've ever posted on a forum. I didn't expect to be put down quite so harshly. If you knew how hard it was to even get that post uploaded you might not be so harsh. Yes, it is long but there is a reason for that, & that was certainly not my intention but unfortunately I was guessing how to go about this having never done this before, so it was all I could do.
As for "verbose waffle", I was trying to make light of what has become very, very serious issues. You clearly haven't grasped the gravity of my situation.

Now, can we draw a line? Is there some one prepared to help me out here? Because I really do need some quality advice. Please. Whatever you need to know will be offered up with all honesty.


As someone who is currently in a ROW dispute with a hostile neighbor I can understand the gravity of the situation but really think that if you are getting stabbed in the head it is a matter for the police, not a forum such as this. How can anyone other than the police help with that situation?

We've thought of moving just because of plant pots being moved and broken, bins being knocked over, mild but continuous harassment and intimidation. If I was getting stabbed my house would already be up for sale, ROW issues would be the last thing on my mind.

Thanks,
Vol
Volumiza
 
Posts: 22
Joined: Thu Oct 19, 2017 9:15 am

Re: Stabbed in the Head by NFH over Blocked ROW

Postby desperate drof63 » Thu Nov 23, 2017 2:55 pm

Hi Vol

I know the violence is for another forum but I could probably gone about attention seeking better. I really want other RoW help but my plight might serve to help others not to get embroiled in a war as the consequences could've been much different - I was "lucky" as the wounds inflicted mostly missed my vitals.

Its all over now. Of course the Police were involved repeatedly, over the several years in fact, though what a fat lot of use they were. Not interested really and they said as much - just a neighbour dispute over a garden fence !! We warned them of these people but they did nothing. It started with us too like your situation, things went missing. Things got broken. Cars got damaged ect. I sympathise with you.

Three days at The Old Bailey but unbelievably he walked free. The CPS & Police failed to present the evidence - I could've wept. But we did get a long term injunction and now they have been forced to move so Its all quiet now, which is why we're still here - they've been forced to leave and not come back.
desperate drof63
 
Posts: 14
Joined: Mon Oct 23, 2017 4:58 pm

Re: Stabbed in the Head by NFH over Blocked ROW

Postby desperate drof63 » Thu Nov 23, 2017 3:38 pm

Thanks Mac. Relieved somewhat & grateful to you & all contributors. I have found this forum fascinating & the contributors most endearing in the time they give to share their knowledge.

I'd like to know if I'm going nuts or, whether having digested the gen in other posts, I have a proper handle on my situation. And yes! It is complicated - Rights of Way that is !

So... do I have a Right of Way over the land that is the Passageway which, for literally all intents and purposes, leads to, and ends at, the corner of my rear garden?

The information to help is contained in my opening post, however, I am going to reiterate more succinctly in another post.
desperate drof63
 
Posts: 14
Joined: Mon Oct 23, 2017 4:58 pm

Re: Stabbed in the Head by NFH over Blocked ROW

Postby desperate drof63 » Thu Nov 23, 2017 4:50 pm

Terrace of 12 houses built circa 1905 / 08. A ginnel bisecting the houses opens out into a passageway which leads to another Passageway perpendicular, & so joins to form a "T". This rear Passage runs along the back of the Terraces between 63 & 83 and is bounded by the local Park & the terrace property fences . I own No.63.

The Passageway has remained in situ since the properties were built in 1908 with no discernable alteration. As far as I'm concerned it is the only way into the rear of my property, else I would be land-locked to the rear and the only property with this deficit.

The Passageway is subject to Rights by Deed to 4 of the properties, but not to the other 8. These Rights were conferred & reinforced in 1979 with a legal action by irate neighbours denying another land-grabbing resident of No.71. The land was returned & remains today. 3 of the Rights by Deed state that the Land is subject to Rights of Way on foot.

My property has no dedicated Right in the Title Deed. But neither does the other 7 - so 8 of 12 properties have no such Rights written into their Deeds. However, importantly we all have identical Covenants attached and Para9 states that: "The Purchaser shall have a Right of Way over such roads as marked on the Plan as abut the Plots or are to used therewith..." My understanding of "The Plan" is the Title Map, & the meaning of "abut" is to share a common boundary. I have copies of all the property Title Maps & they are identical. My property as shown on the Plan abuts the Passageway Land in the (SE) corner.

My neighbour No.65 had a fence erected some years ago with a gate installed at the point where my property abuts the Passageway Land. This gate opens into my land and only accesses my land, no other. I have no apparent rights over my other adjoining neighbours Plot No.61.

I think it is safe to assume that when building the properties, what the builders originally intended was for the Passageway to be used not only for residents to access the rear gardens, but for their friends, heirs & assigns, such as the Coal Merchant for delivery of the fuel to the bunkers, and other such things.

Can I ask for an opinion or definition on my conclusion please?
Do I have an "Implied" Right of Way over the Passageway Land, possibly fortified with a "Prescriptive" Right ? Or is it something else I have not understood ?

Ta.
desperate drof63
 
Posts: 14
Joined: Mon Oct 23, 2017 4:58 pm

Re: Stabbed in the Head by NFH over Blocked ROW

Postby MacadamB53 » Fri Nov 24, 2017 12:20 am

Hi desperate drof63,

Do I have an "Implied" Right of Way over the Passageway Land

your property almost certainly does, yes.

the “plan” referred to is not the title map from HMLR, it is the original plan that accompanied the original conveyance.

if the words “copy filed” appear on the register for any of the 12 properties this means HMLR have kept a copy of the document the wording is referring to - and this might be the “plan”.

have a check...

kind regards, Mac
MacadamB53
 
Posts: 6059
Joined: Mon Dec 10, 2012 12:13 am

Re: Stabbed in the Head by NFH over Blocked ROW

Postby desperate drof63 » Sat Nov 25, 2017 1:26 am

Yes, Mac. On several of our Deed Copies it says "Copy in Certificate". This is shown in several of the Deed copies. My understanding of this is that we can in fact purchase an original copy from HMLR for use in Court? Can I assume this will show & confirm what I already have downloaded?

No.71 has their RoW-by-Deed listed in the 'C Section' of their Title - The Charges Register.
Do I understand correctly that the Charges Register deals with matters that encumber the property - It deals with interests adversely affecting, and so, burdening the property ?

Q? Why is it that No.71 has a RoW statement in their Charges Register (C-Section) - it simply states that "the Land (the Passageway) tinted blue on the filed plan is subject to Rights of Way" (Rights : plural)
Is this significant ? The Owner of No.71 claims that this indicates his ownership of the Passageway Land - I think not - though I do have a theory...

...and thanks Mac
desperate drof63
 
Posts: 14
Joined: Mon Oct 23, 2017 4:58 pm

RoW shown in C-Section - Why?

Postby desperate drof63 » Wed Nov 29, 2017 3:49 pm

Hello again, hope you can help?

"No.71" has their RoW-by-Deed listed in the 'C Section' of their Title - The Charges Register.
Do I understand correctly that the Charges Register deals with matters that encumber the property - It deals with interests adversely affecting, and so, burdening the property ?

Why is it that No.71 has a RoW statement in their Charges Register (C-Section) - it simply states that "the Land (the Passageway) tinted blue on their filed plan is subject to Rights of Way" (Rights : plural) when some other localised properties have their RoW shown in their A-Section, The Property Register?

Is this significant ? The Owner of No.71 claims that this indicates his ownership of the Passageway Land - I think not, as the red highlight line on HMLR Plan does not appear to surround the Land that forms the Passageway, but only the building plot of 71 and its rear garden, omitting the Passageway. The Passageway is after all supposed to be shared

T.V.M
desperate drof63
 
Posts: 14
Joined: Mon Oct 23, 2017 4:58 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
Next

Return to Rights of Way

Who is online

Users browsing this forum: No registered users and 3 guests